Collins v. Commissioner of Social Security

Filing 15

CONSENT ORDER: Approving the # 14 Stipulation to Remand pursuant to Sentence 4 of 42 U.S.C. section 405(g), therefore the final decision of the Commissioner be and hereby is REVERSED and REMANDED for further administrative action, and the # 1 Complaint - Social Security Appeal is DISMISSED. Signed by Magistrate Judge Miroslav Lovric on 1/17/2023. (jmb)

Case 5:22-cv-00660-ML Document 15 Filed 01/17/23 Page 1 of 2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
DIANA C.,
Plaintiff,
v.

5:22-CV-0660
(ML)

COMMISSIONER OF SOCIAL SECURITY
ADMINISTRATION,
Defendant.
________________________________________
APPEARANCES:

OF COUNSEL:

LAW OFFICES OF KENNETH HILLER, PLLC
Counsel for the Plaintiff
6000 North Bailey Avenue - Suite 1A
Amherst, New York 14226

JUSTIN M. GOLDSTEIN, ESQ.

SOCIAL SECURITY ADMINISTRATION
Counsel for the Defendant
6401 Security Boulevard
Baltimore, Maryland 21235

JUNE L. BYUN, ESQ.
Special Assistant United States
Attorney

MIROSLAV LOVRIC, United States Magistrate Judge
CONSENT ORDER TO REMAND PURSUANT
TO SENTENCE 4 OF 42 U.S.C. § 405(g)
This matter having been opened to the Court by CARLA B. FREEDMAN, United States
Attorney for the Northern District of New York, and June L. Byun, Special Assistant United
States Attorney, attorneys for Defendant, for an Order remanding the within cause of action to
the Defendant pursuant to Sentence 4 of 42 U.S.C. § 405(g) so that further administrative action,
including a hearing before an Administrative Law Judge and the issuance of a new decision, may
be taken; and Plaintiff, through counsel Justin M. Goldstein, having consented to the within
order and the requested remand (Dkt. No. 14), and the Court having considered the matter,

Case 5:22-cv-00660-ML Document 15 Filed 01/17/23 Page 2 of 2

IT IS on this 17th day of January, 2023,
ORDERED that the final decision of the Commissioner be and hereby is REVERSED,
and the matter is REMANDED to the Defendant for this further administrative action; and it is
further
ORDERED that the within matter, be and hereby is, DISMISSED in accord with the
decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991); and it is further
ORDERED that nothing within this consent order shall be deemed to bar Plaintiff from
seeking attorney’s fees under the Equal Access to Justice Act (EAJA), 42 U.S.C. § 2412.

Dated: January 17, 2023
Binghamton, New York

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